Sonoma County DA Jill Ravitch is empowered, in fact obligated, to file an indictment against Sheriff Gelhaus based on a finding of criminal activity in the unprovoked shooting of Andy Lopez. The following factual and evidentiary assertions compel the filing of criminal charges by the DA at the soonest possible time:

1. Two eyewitnesses, who directly observed Andy walking along Moorland Ave., unequivocally concluded that Andy was a young teenage boy and that he was carrying a toy gun.

2. Andy did not at any time raise the toy gun toward the Sheriffs per an eyewitness-sworn account of the shooting.

3. Sheriff Gelhaus did not permit Andy time to respond to his verbal command, shooting Andy as he turned in response to the Gelhaus command. Private autopsy confirms that Andy was turning to his right when he was shot. The bullets that hit Andy’s wrists/hands confirm that Andy did not at any time point the toy gun at Gelhaus.

4. The media widely reports that Sheriff Gelhaus does not even know if he identified himself as a police officer.

5. According to statements of three eyewitnesses,Sheriff Gelhaus shot Andy only two to three seconds after shouting a command.

6. The shooting occurred at 3:15 in the afternoon on a clear, sunlit day. There was no obstruction or other factor that hindered Sheriff Gelhaus’ ability to determine that Andy was simply a young boy with a toy gun.

7. Per the finding of an independent autopsy and eyewitness account of the incident, Andy Lopez fell to the ground after the first shot. Thereafter,deputy Gelhaus continued to shoot multiple bullets into Andy’s prostrate body.